PEOPLE v. ALLAWAY


293 A.D.2d 347 (2002)

742 N.Y.S.2d 198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAVERLY ALLAWAY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 18, 2002.


The court properly exercised its discretion in admitting evidence of defendant's unprovoked attack on another resident at the shelter where he and the complainant resided. Such evidence was relevant to complete the narrative and to explain why shelter employees would have remembered this particular defendant from among the hundreds of residents at the shelter. Under the circumstances of this case, their ability to remember defendant was relevant, not only to identity, but...

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